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Home My WebLink AboutCity of Tamarac Resolution R-2007-0721 Temp Reso #11211 Page 1 June 1, 2007 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2007--U REQUEST OF THE COMMUNITY DEVELOPMENT DEPARTMENT FOR APPROVAL OF AN AMENDMENT TO THE AGREEMENT BETWEEN BARNEY AND WORTH, INC. AND THE CITY OF TAMARAC TO PROVIDE FOR DEVELOPMENT AND IMPLEMENTATION OF THE PUBLIC ART MASTER PLAN. PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Tamarac is committed to providing public art to enhance the appearance of the City, commemorate its history and improve cultural opportunities throughout the City: and WHEREAS, the City of Tamarac entered into an agreement with Barney and Worth on October 31, 2005 in the amount of $29,000 to provide professional services for the development of a public art master plan; and WHEREAS, after preliminary field work was conducted the program was interrupted due to reallocation of resources and priorities after Hurricane Wilma; and WHEREAS, start up fees in addition to additional tasks necessitate an amendment to the original agreement; and WHEREAS, the Director of Community Development recommends approval of this amendment to the agreement; and Temp Reso #11211 Page 2 June 1, 2007 WHEREAS, the City Commission of the City of Tamarac finds that granting approval of an amendment to the agreement between Barney and Worth, Inc. and the City of Tamarac would be in keeping with the public health, safety and general welfare of the City of Tamarac; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac to approve this amendment to the agreement between Barney and Worth, Inc. and the City of Tamarac to provide for development and implementation of the public art mater plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: That the Petition for amendment to the agreement between Barney and Worth, Inc. and the City of Tamarac to provide for development and implementation of the public art matey plan is HEREBY APPROVED. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 1 1 1 1 Temp Reso #11211 Page 3 June 1, 2007 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or in application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon its adoption. PASSED, ADOPTED AND APPROVED this 131h day of J U ne , 2007. OR � BETH FLANSBAUM-TALABISCC 114YOV ATTEST: 9 �vJ(RECORD OF COMMISSION VOTE: _��MARION SWENS N, CMC MAYOR FLANSBAUM-TALABISCO�_ CITY CLERK DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD A�_ DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER I HEREBY CERTIFY that I have approved this RESOLUTION as to form. - / /// A-__: �:' o AM L S. GOREN CITY ATTORNEY ?,Yy3 €iraC ` }tlri l'P< afii and C ofr cts Division ..... ......... ... CHANGE ORDER #1 BETWEEN THE CITY OF TAMARAC Is1► I a: BARNEY & WORTH, INC. The CITY OF TAMARAC (City) and Barney & Worth, Inc., an Oregon Corporation with principal offices located at 1211 SW Fifth Avenue, Suite 1140, Portland, Oregon, 97204, hereinafter referred to as "Consultant" The City and Consultant agree as follows: WHEREAS, the City issued and formally advertised a competitive solicitation for the provision of consultant services to develop a master plan relating to public art for the City of Tamarac in 2005, and WHEREAS, proposals were received from two (2) firms; and WHEREAS, the proposal from Barney & Worth, Inc. received the highest ranking in scoring by the proposal evaluation committee, and WHEREAS, the City previously entered into an Agreement dated October 31, 2005 (the Original Agreement), executed by its City Manager with Contractor for needs originally anticipated to have a cost of less than $30,000; and WHEREAS, the City is need of amending the Original Agreement to provide for the addition of ancillary services to provide for electronic polling of participants and ancillary expenses during community meetings for a total cost of $12,775.00, as provided in a quotation by Consultant dated March 30, 2007, included herein as Attachment A; and WHEREAS, Article 2 — SERVICE TO BE PERFORMED BY CONSULTANT, provides that additional scope of work may be specifically designated and additionally authorized by the City by means of the issuance of a Change Order; and WHEREAS, the City's needs for this service are now anticipated to exceed $30,000 in cost; and WHEREAS, needs in excess of $30,000 require formal approval of the Mayor and City Commission; and WHEREAS, in order to meet the requirements stated above, this Change Order executed between the City and Contractor, which will amend applicable sections of the Original Agreement. NOW THEREFORE, in consideration of the mutual covenants expressed herein, the parties hereby agree to amend the Original Agreement as follows: 1. ARTICLE 1—SCHEDULE, is hereby amended to now read as follows: "The effective date of this Agreement shall be upon final execution of the Agreement with final completion to be no later than December 31, 20057. 2. ARTICLE 3 — COMPENSATION, is hereby amended as follows: The City shall pay Consultant a sum not to exceed TW i�ew:aRu Dollars and nG r tS ($29 nnn 00) Forty-one Thousand Seven Hundred Seventy -Five Dollars and no Cents 41 775.00 , which includes estimated Change Order 1 -- Barney & Worth / y 0 f sV 7"surf a(' f 3fdf f to > t?Cq c'n'd contract", t D d i t o ..... ........... ... ,. ,.. _.,. ...... _... ............. ...... Reimbursable expenses of Seven Thousand, Two Hundred Fifty -Five Dollars and no Cents ($7255.00), in accordance with the provisions contained in the Proposal Form contained within Exhibit B to the original Agreement heFei 4, and Exhibit A to this Change Order. All other provisions of the Original Agreement shall remain in full force and effect as originally stated. REMAINDER OF PAGE INTENTIONALLY BLANK Change Order 1 — Barney & Worth i i<arrt ar tr; _. ' 'c rs;ir rrt and i onlfa i > ir'ivi""'x,>> _ .,.. ......... t ....... IN WITNESS WHEREOF, the parties have made and executed this Agreement Amendment on the respective dates under each signature. CITY OF TAMARAC, signing by and through its Mayor and City Manager, and Barney & Worth, Inc. signing through its President, duly authorized to execute same. ATTEST: t f ) L 4t3' arion Swenson, CIVIC` City Clerk 4tAe-'-'- ATTEST: Signature of Co orate S c tary Michele Neary Type/Print Name of Corporate Secy (CORPORATE SEAL) CITY OF TAMARAC Beth Flansbau-m-Tala-bis-co, Mayor 111do Date Jeffr L. Miller City Manager GI Dae and legal sufficiency: I1310 bite Barney & Worth, Inc. Company Name (Aj .. (y,4-LW Signature of President W. Clark Worth President �/i r3�o BAR' Change Order 1 - Barney & Worth v ("j'y I.-1t7i<diF'zf; i t'r<7 1r1 f and G ff/7tracts Div :tt " CORPORATE ACKNOWLEDGEMENT STATE OF IJI�� )Y-) :SS COUNTY OF MU I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared W. Clark Worth, President of Barney & Worth, Inc., an Oregon Corporation to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he/she executed the same. WITNESS my hand and official seal this j8' day of MaA=4 20_Q�J. OFFICIAL SEAL N CHRISTENSON NOTARY�'JSLJC-CREGON COMMISSION NO.412161 MY COMMISSION EXPIRES NOV. 20, 2010 4 Signature of Notary Public State of F4 a at Large Print, Type or Stamp Name of Notary Public Personally known to me or Produced Identification Type of I.D. Produced ❑ DID take an oath, or ❑ DID NOT take an oath. Change Order 1 — Barney & Worth Exhibit "A" BARNEY &WORTH, INC. 1211 S.W. FIFTH AVE., SUITE 1 140 PCRTI_AND, OR 97204 TEL: 603i 222-0146 FAX: 503/274-7955 WEBSITE: www.barneyandworth.com March 30, 2007 To: Jennifer Bramley From: Clark Worth Re, Tamarac Public Art Plan Jennifer, your numbers match ours exactly: Approved contract $ 29,000,00 Supplemental request _ 12.77500 New contract total $41,775.00 Invoices paid _ 17,777.33 Balance $23,997,67 Regarding electronic polling, it is a tool we use to maximize public input in a community meeting. All attendees have an equal (and anonymous) say on questions we pose about their preferences and priorities for public art. It's very efficient — we can cover many more topics than would be possible in a standard public meeting format, and participants can immediately see the results of their input. We discussed this tool with Tamarac in Spring 2006, it was approved as an addition to the project, and a contractor (TurnKey Meetings) was selected in June 2006. am sending you further information that describes the electronic polling technology and TurnKey Meetings in greater detail. Please let me know if you have any more questions. Thank you for all your work to help restart the project. cc: Ian Singer C:\ClnuimCnts and octal Settin9sJemporary Internet FFilasMLKPi\Letterhead Pramley_Oudget Numbers_():f3007.doc. 5/2/ UN 12 01 PM BARNEY & WORTH, INC. 1211 S.W. FIFTH AVE., SUITE 1140 PORTLAND, OREGON 97204 TEL:503/222-0146 FAX:5031274-7955 WEBSITE: www.barneyandworth.com May 18, 2007 Keith K. Glatz, CPPO, FCPM, FCPA Purchasing & Contracts Manager City of Tamarac Purchasing & Contracts Division 7525 NW 88th Ave. Tamarac, FL 33321 Dear Keith: Enclosed are two signed and notarized copies of Change Order 1 for Public Art Master Planning. Please feel free to contact our office if you have any questions. Thank you, Michele Neary Documents 5/18/07 3,17 PM